Harsh Kumar, J.

1. Heard Shri Anil Pratap Singh Raghav learned counsel for the appellant, S.D.S. Jadaun, Amicus Curiae and Shri Ashish Pandey, assisted by Shri Imran Sayed learned A.G.A. for the State and perused the records of appeal as well as record of trial court summoned in appeal.

2. This criminal appeal has been filed against the judgment and order dated 20.9.2011 passed by Additional Sessions Judge, Court No.17, Bulandshahar in S.T. No.953 of 1997, State Vs. Smt. Krishna and others, under section 302 IPC, P.S. Chhatari, District Bulandshahr and convicted her under section 302 IPC and sentenced her with life imprisonment and fine of Rs.10,000/- and in case of default in payment of fine, additional simple imprisonment for a period of one year.

3. The brief facts relating to the case are that Sukhbir Singh lodged an F.I.R. on 23.9.1996 against Vishambhar Singh, Dinesh Kumar, Pavitra, Ratnesh, Smt. Krishna, Rampal Singh and Roompal Singh with the allegations that his daughter was married on 18.5.1994 to Dinesh son of Vishambher and Smt. Krishna, her husband and his family members were making demands of dowry and were treating his daughter with cruelty in connection with non-fulfillment of demand of dowry and on 22.9.1996, they caused her dowry death by burning her after pouring kerosene and she succumbed to the burn injuries in J.N. Medical College, Aligarh at 2:25 a.m. on 23.9.1996. On the F.I.R. lodged by Sukhbir Singh, the father of the deceased case crime no.135 of 1996 was registered against all the 7 named accused-persons under sections 498-A, 304- B, 120-B IPC and ¾ D.P. Act and after investigation charge sheet was submitted.

4. The case was committed to Sessions Court and charges under sections 498-A, 304-B, 120-B IPC and ¾ D.P. Act were framed against the accused-persons on 5.3.2002. The accused-persons denied from the charges and the prosecution in order to prove the charges produced Sukhbir Singh, the first informant and the father of deceased as P.W.1, Manoj Kumar, the brother of deceased as P.W.2, Dr. Nagendra Prasad, who conducted the postmortem of the body of deceased as P.W.3, Nawab Ali Khan, retired A.D.M., the then Deputy Collector/S.L.A.O., Aligarh as P.W.4, K.C. Balodhi, first Investigating Officer as P.W.6, Rakesh Pandey, second Investigating Officer as P.W.7, Sri Pati Mishra third Investigating Officer as P.W.5 and constable Jitendra Singh scribe of the chik F.I.R. as P.W.8. Apart from above one Rahul Diwanya, the Principal of Primary School was also examined as court witness no.1 in order to prove the age/date of birth of accused Km. Ratnesh and Km. Pavitra, the unmarried Nanads of deceased on their application for declaring juvenile. After completion of prosecution evidence, the statements of accused-persons were recorded under section 313 Cr.P.C. and, thereafter, accused-persons produced Dr. Mohd. Aslam, the then C.M.O., J.N. Medical College, Aligarh as D.W.1 and Nawab Ali Khan, the then Deputy Collector/S.L.A.O., Aligarh as D.W.2. On 5.8.2011, on the application of prosecution, the Sessions Judge framed alternative charge under section 302 IPC against the accused-appellant Smt. Krishna and under section 302 read with section 120-B IPC against the accused Rampal and Roompal. After framing of alternative charge on 5.8.2011, the prosecution did not adduce any further evidence and so the additional statements of accused-persons under section 313 Cr.P.C. was recorded on 17.8.2011 and the accused-persons were given further opportunity of defence evidence whereon they produced accused Dinesh, the husband of deceased as D.W.3 on 17.8.2011 and Umesh Kumar, the next door neighbor as D.W.4 on 25.8.2011 and closed their defence evidence.

5. Out of 7 accused-persons, named in F.I.R. accused Vishambhar Singh was father-in-law, Dinesh Kumar was husband, Km. Pavitra and Km. Ratnesh were unmarried Nanads, Smt. Krishna was the mother-in-law and accused Rampal and Roompal were maternal uncles of the deceased.

6.